Matarr Sajaw,
It was my desire to respond to your memorandum of 8 February 2000. However,
your subsequent intervention has conveyed the need to ignore some of the
points. I still believe it is pertinent to address two issues, that of
revolution and democracy. Essa Thomas did allude to the question of
revolution.
You will agree with me that revolution is about power. Who controls power,
how it is exercised and in whose interest. This is what determines whether
any change can be considered a revolution or not.
Democracy is also about power exercised by the people. How much power do the
people exercise in order to safeguard their general interest determines the
degree of democracy in a country.
What we have always advocated is for the exercise of power by the people
from below. This is inconceivable without a conscious mass movement. A
people must be fully conscious of their interest and sufficiently organised
in order to have power to be architects of their own destiny.
Hence, when one considers states like ours, one sees two poles of power -
the military and the mass movement. Where the mass movement is not
organised and conscious the power of the armed forces must hold sway. Where
the people are conscious and organised, the armed forces must work according
to their interest instead of serving the interest of those who are against
the welfare of the people.
When the coup occurred, the coup makers had control of the military and the
mass movement. Euphoria was the order of the day. Both centres of power were
on one side. In order not to be dragged in this euphoria, we maintained our
independence.
Even though announcement was made that political parties were banned, PDOIS
continued to write letters. The letter of 24 July 19994 is a clear example.
The objective of the letter should now be clear to you. It was a strategic
instrument which had the fundamental aim of establishing a clear line of
demarcation between PDOIS' political principles, strategies and tactics and
those of the people who had taken over power. We called for the maintenance
of political parties, observation of fundamental rights, a national dialogue
to determine a transition framework for emergence of a democratic and
constitutional order.
It was clear to us that those who had taken over power could either hand
over power like Tumane Toure or show interest in staying in. These were the
only two options.
Hence, we had address these two options strategically by calling on the coup
makers not to have any hunger for power and conceive their mandate to be
provisional or consider participating in elections if they had interest in
power.
Since the AFPRC came to power through the use of arms the only way to
restore democracy was either to overthrow them by the bullet or draw them to
the ballot box. Since the Gambian people had never been given the
opportunity to become an organised and conscious force, no potential existed
immediately after the coup for them to take over power from the military.
Needless to say, any external military intervention would have led to the
total disintegration of the country into warring factions.
Hence, the option that we saw was to work for the restoration of democratic
constitutional order. This was our strategic objective during the coup
period. We created a platform around the strategic objective. This is why we
could defy Decree No. 4 and relied on our appearance in court to promote the
agenda of restoring democratic constitutional rule.
This idea of a political transition, which we advocated for in our letter of
24 July 1994, became the agenda as the international community demanded for
a transition programme.
On the other hand, Jawara started to argue that just like Haiti he had a
right to come back to power through armed intervention. We decided to take a
firm stand against any form of armed intervention.
In this regard, we constituted a third force during the coup, which was
opposed to an armed intervention, as well as the continued stay in office by
the coup makers without a transition programme established by the Gambian
people.
Ultimately, the coup makers called for a four year transition programme. One
could see that Rawlings has stayed in power for almost 20 years because of a
long transition programme despite a term limit of two terms after Ghana went
to elections. Many Gambians people, however, were opposed to the four year
transition programme, but had no instrument to express their opposition. We,
therefore, created an instrument.
In order to ensure the people's participation in determining the people's
transition programme, we established a Democratic Front in October 1994.
Petitions were written and many youths with conscience stormed our office to
distribute the petitions and collect signatures. The Democratic Front was an
instrument for promoting transition to democratic constitutional rule. We
knew that a mass movement for democratic constitutional rule could be
created through that instrument if those in power stood against it. It was a
cause worth suffering for if that was the cost. After an arrest, a meeting
took place meeting the then Minister of the Interior and my very self on the
issue of the arrest and detention of the young man with the declarations and
petitions I issued. The launching of the Democratic Front is in video tape
and we can send Mr Trawalley's address to anyone who may wish to purchase
the video tape from his company.
It became very clear to the regime that it had to enter into some form of
national dialogue or will find it extremely difficult to maintain any form
of euphoria around the coup. It is, therefore, not an accident for the
regime to take an independent move to establish a National consultative
Committee to work a people's transitional agenda. Of course, the national
conference we called for included representatives of political parties,
trade unions, traditional elders and religious leaders. The one established
by the regime did not take cognisance of political parties.
Notwithstanding, the Gambian people accepted the membership as some what
independent since it comprised members from the Bar Association, trade
unions, press union, the medical and dental association, women organisations
and other civic leaders. There was no qualm about the members.
Once the NCC established the two year term period, we adopted another
strategic platform. We moved away from the Democratic Front and made it our
duty to see to it that the transition programme would lead us to the
restoration of freedom of political expression and political assembly
without which further pressure could not be put to expand the democratic
space.
The most significant instrument which gave us the authority to put more
pressure on the regime to restore freedom of political expression and
political assembly was the adoption of the 1996 draft constitution. Once it
was adopted, we knew we could rely on it to build a mass movement for the
restoration of the freedom of political expression and assembly.
This is precisely the reason why the following letter was addressed to the
AFPRC leader after the referendum:
THE TASK BEFORE THE GOVERNMENT FOLLOWING THE SOVEREIGN DECISION OF THE
GAMBIAN PEOPLE
Development is a protracted struggle. Problems and solutions, achievements
and new objectives or demands follow each other in rapid and never ending
succession. As soon as we feel that we have achieved what we have set out to
achieve, new tasks emerge with their requirements and pressures.
Mature leadership constitutes the capacity to appreciate the demands of each
situation and the ability to address the requirements of our times and
circumstances satisfactorily.
In my view, freedom and development have architects and demolishers. History
has its heroes or heroines and villains. Those who cling on to the great
principles of freedom and development and give remarkable examples in
defending them do become the heroes and heroines, the architects of the
destiny of countries and peoples. Those who turn their back to the glorious
principles of freedom and development become the villains of history, the
demolishers of the destiny of countries and peoples. Each of us has a choice
to make whether to be part of the architects of our own destiny or its
demolishers.
The referendum is now history. 441,732 Gambians took the initiative to
acquire voters cards without inducement or intimidation. 383,873 registered
voters, which constitutes 87+ACU- of the total number of registered voters, went
to the polls without inducement or intimidation. 70+ACU- of those who voted
endorsed the Draft Constitution without inducement or intimidation. What
does this mean?
The answer to this question is simple. The Gambia people marched in their
hundreds of thousands to seize the opportunity to acquire the right to have
equal voice in determining the destiny of their country. They also marched
in their hundreds of thousands on 8 August, 1996 to express their will as
true and mature guardians of their own destiny. In this respect, one can say
without any fear of exaggeration, that the Gambian people have established a
foundation of sovereign authority on which the authority of any future
government shall rest.
The Gambian people have demonstrated that they can listen to contradictory
opinions and passionate appeals and still allow their minds to speak to
their hearts so that reason could rule over their passions, thus enabling
them to make sober reflections and then take decisions that are in
accordance with the best dictates of their soundest judgment as made
possible by the facts before them at the material time in order to determine
the destiny of the country.
Of course there are some voters who cast a 'yes' vote or 'no' vote out of
passion and sentiments. An objective review of developments, however,
reveals that the vast majority of Gambians did display that they have a mind
of their own by not acting in accordance with the dictates of any leader of
a political party or movement.
Abundant facts reveal that the country went into a storm and stress period
prior to the referendum. In few periods do we find a greater mixture of
contradictory directives from personalities who had taken deeply rooted and
rigid postures on the Draft Constitution which they tried to impress on the
people. Some called on the people to register a 'no' vote even though it was
fully clear to them that the country would then be left without a
constitutional instrument to facilitate the constitutional instrument to
facilitate the transfer of power and thus usher in the Second Republic. Some
had anticipated that a 'no' vote could trigger a crisis of governability
which could be capitalised on to push the AFPRC to hand over to a coalition
government even though it was clear that could breed a Liberian like
situation.
Drugged with this obsession, they forcibly negated all reason and campaigned
vigorously for a 'no' vote by concealing the essence of the Draft
Constitution and giving their own distorted interpretation of what a 'yes'
vote would mean to the people.
Others gave the impression that after a 'no' vote is registered, elections
could then take place and the elected President could then work on a Draft
Constitution. In short, the Gambian people were to go to the polls to elect
a President whose functions and powers they would not have known in advance.
In this respect, they were to elect a monarch.
On the other hand, there were those who continued to perpetuate a 'no
election' agendas and called on farmers to go to the farms on polling day
to show that they were not interested in elections. It was only at the eve
of the referendum when minds had already been decided that such people
negated their campaign for a 'no' vote and initiated a campaign for a 'yes'
vote. In fact, the (alleged) pressure put on the residents of Kiang and
Jarra by some members of the July 22nd Movement is what gave rise to the
'no' vote backlash in such constituencies.
It would also be recalled that prior to polling day, you issued a broadcast
to tell the people what a 'no' vote would mean+ADs- that time would have to be
devoted to work out another instrument. Hence, if the people wanted a delay
in acquiring their right to be guardians of their destiny, they would have
cast a 'no' vote.
The 'yes' vote, therefore, means that the Gambian people have decided to
free themselves from the dictates of all political forces in the country and
are now poised to be the mature arbiters of the political process in The
Gambia. If there is any victory to be claimed, they alone can claim it.
Subjected to a historical test that few, if any people, had been subjected
to under tremendous constraints, the Gambian people stood the test
brilliantly and thus emerged as a people who are fully mature to exercise
their right as a sovereign people to determine the existence of all organs
of government in the country. Words are not available to actually describe
my admiration for the Gambian people for ensuring that reason triumphed over
blind passion, clarity of vision over unthinking submission to the dictates
of political patrons. Now, before us lies the cradle of a sovereign people
who are now looking for true sons and daughters to help them to guide their
destiny and not patrons to dictate to them.
In my view, your maiden speech after the referendum should have captivated
the glorious example set by the Gambian people and give concrete expression
in terms of policy to their memorable initiative by announcing policies that
could give flesh to the spirit of the constitution they had endorsed. This
would have increased the confidence the people have gained, enhance their
trust in their capacity to make sound judgment, encourage them to continue
to have a mind of their own and free them forever from the dictates of any
deception. If the right message was delivered at the right time, there would
not have been any need for this letter. Many people expected you to outline
where we are to go from here.
The objective of this letter is to address precisely such a question. Where
do we go from here?
Before going on to address this issue, allow me to clarify, in passing,
certain doubts so that my views shall be taken in good faith. This is all
the more necessary because the country is going through a decisive moment
and I have been a focus of media attention nationally and internationally.
Some people may attribute my interventions as mere attempts to play to the
gallery in order to further presidential aspirations. It is therefore
necessary for me to seize this opportunity to declare that I shall not be
anybody's candidate in the forthcoming presidential election and that I
harbour no presidential ambition. I hope the media, foreign envoys,
personnel of international bodies, who have developed ties during this
period and those Gambian people who usually introduce me to friends and
guests as the future of the President, would now turn the spotlight off and
begin to look forward for the appearance of the personalities who are likely
to seek the office of President in the coming elections.
On the other hand, there are those who may take this position as a sign of
abandoning the people. Some people did wage a vigorous campaign all over the
country to indicate that the reason I was clarifying issues concerning the
constitution is because I have been assisted to get international
appointment as a result of the conference of African intellectuals and
scholars held in Dakar. In this respect, I am compelled to assert that never
will I be separated from this land for no other purpose than to pursue a
personal career. I believe I have earned more recognition than what any
decent person would wish to enjoy. To the average citizen, I would say: ask
of your country what your life and liberty require and ask for no more, and
give to your country what its development requires and give no less.
In my case, it is to give to the country more than what I ever hope to
receive from her. In my view, to whom much hope is put much is expected.
It is important to point out that the decision not to seek office as
President is not due to any lack of commitment to the country, but a product
of a life long mission to demystify the presidency which is regarded by many
by reverend awe+ADs- a mission to show that the ascribing to the President of a
republic the status of first citizen or first lady is a monarchical tendency
which should have died with colonialism. Obviously, one does not have to be
President to be of great service to one's country. I firmly believe that in
a genuine democratic set up, executive power shall reside in a cabinet
comprising the President and all ministers or secretaries of state who work
as a team with the president functioning as a chairperson who simply
coordinates the performance of the different members of the team and serves
as its spokesperson. Under such a government, each member of the team is as
important as any other and their collective decisions shall guide national
life. In this way, each member of the team shall be free to exercise one's
creative initiative while coordinating with other members to serve the
common good. Collective responsibility will be connected with, dependent on
and determined by the collective approach to decision making. In this
regard, Presidents will no longer be monarchs or demi-gods who appoint and
dismiss members of cabinet on the basis of his or her whims and designs.
I have a free spirit and can never function under the dictates of any human
bring on the face of the earth. What I can assure the Gambian people is that
I will forever be willing to work in a team which has a collective approach
to decision making so that I can be accountable for any decision of the
team. Where that is no possible, I would not hesitate to be part of any
National Assembly which shall exercise effective checks to ensure the proper
governance of this country. Where I am convinced that there are other people
who can function in accordance with my expectations to save the destiny of
this country as representatives, I would quickly retire into an institution
of higher learning where I can conduct research and write books. There are
many children stories to be written. There are many historical,
psychological and sociological issues to write about to fill a vacuum in
this country.
This and this alone is my ambition, that is, to learn to the best of my
capacity and teach to the best of my knowledge.
Having said this for the last time, I will no longer focus on my person in
any writing of this nature again. I am compelled to do what is not a sign of
humility in this case just to clarify doubts.
The question now arises: Where do we go from here? The Gambian people have
endorsed a constitution which is to be the fundamental law of the Second
Republic. The spirit which embodies the mode of government of the Second
Republic is now asserted. What is left is to give it flesh. Hence, in this
period of transition to the Second Republic when a constitution has already
been endorsed, your government should try as much as possible to ensure that
its policies take cognisance of the principles expressed in the
constitution. In short, you can best show your recognition of the verdict of
the people and may respect to it by allowing the principles embodied in the
constitution to speak through your policies. Once you stand by those
principles, your government will never make an error in policy making. What
significant principles embodied in the constitution are of immediate
interest as far as transition to the Second Republic is concerned? The
answer to this question is simple.
The sovereign people of The Gambia voted for a constitution which states
categorically in the preamble that all power shall +ACI-emanate from the
sovereign will of the people.+ACI- A constitution which asserts that +ACI-the
sovereignty of The Gambia resides in the people of The Gambia from whom all
organs of government derive their authority and in whose name and for whose
welfare and prosperity the powers of government are to be exercised.+ACI- A
constitution which states in section 26 that +ACI-every citizen of The Gambia of
full age and capacity shall have the right without unreasonable restriction
to vote and stand for elections at genuine period elections for public
office which elections shall be by universal and equal suffrage.+ACI- A
constitution which states in section 39 that +ACI-(1) Every citizen of The
Gambia being of 18 years or older and of sound mind shall have the right to
vote for the purpose of elections of a President and members of the National
Assembly and shall be entitled to be registered as a voter in a National
Assembly, constituency for that purpose.+ACI- A constitution which states in
section 60 that political parties shall +ACI-participate in the shaping of the
political will of the people, disseminate information of political ideas and
on political, economic and social programmes of a national character and to
sponsor candidates for public elections.+ACI- A constitution which states in
paragraph 2 of the Second Schedule that +ACI-Notwithstanding any other
provisions of this constitution, the person duly elected President of The
Gambia in accordance with the Electoral Decree 1996 shall be the first
President of the Second Republic of The Gambia and shall assume office as
President on the date he or she is sworn in. The first President shall hold
office of President in accordance with the provisions of this constitution.
This constitution shall come into effect upon swearing in of the first
President.+ACI-
It is therefore, clear that the will of the people cannot come into force
unless election takes place. Elections, however, cannot take place as
envisaged by the constitution without political parties being free to put up
candidates.
It is, therefore, the immediate task of your government to lift the ban on
political parties, restore the fundamental rights and freedom of political
expression, association and assembly which are necessary prerequisite of an
electoral system which can usher in an elected administration and thus
ensure the enforcement of the constitution. This is the first point.
Secondly, the constitution states in its preamble that +ACI-This constitution
guarantees participatory democracy that reflects the undiluted choice of the
people. The functions of the arms of government have been clearly defined,
their independence amply secured with adequate checks and balances to ensure
that they all work harmoniously together toward our common good.+ACI-
The provisions of the constitution establish a national Assembly to check
the executive branch of the government. Hence, the executive cannot assume
office without the legislature in place. Now, it is the aim of your
government to hold presidential election in September and National Assembly
elections in December. What then are the implications?
On one hand, if the elected President were to assume office immediately
after the election in September, the constitution would come into force
without a National assembly. Hence, we will have a President and
constitution which cannot be put into force. This would be absurd.
On the other hand, if there is an elected President in September who does
not happen to be a member of your Council and you decide to stay in office
until a National Assembly is elected, we will have a scenario where an
elected President will be on the sideline while an unelected head of state
rules by decrees. This would also be absurd.
Hence, what would be consistent with the spirit of the constitution is to
hold the two elections together and then hand over power some days after the
declaration of results. The Elections Decree can fix a date when power will
be handed over to the elected representatives. This is the second task to be
fulfilled.
The importance of postponing the date for presidential election is further
legitimised by the fact that the constitution does not want Gambians to vote
on the basis of sectionalism. It does not want the Gambian people to be
objects of the historical process. This is why it states categorically in
section 60, subsection (4), (a) that +ACI-No association shall be registered, or
remain registered, as a political party if - (a) it is formed or organised
on an ethnic, sectional, religious or regional basis.....+ACI-
In addition, it asserts in section 60, subsection (8) that +ACI-Any registered
political party that intends to contest any election shall deliver to the
Commission on or before nomination day a copy of its manifesto containing,
among other matters, a clear explanation of the party's programme for
national development.+ACI-
In this respect, the constitution does not want Gambians to vote on the
basis of personalities and sentiments, but on the basis of careful
evaluation of the programmes and potentialities of parties and candidates.
Respect for the principles embodied in the constitution impose on your
government the duty to give the people adequate time to listen to the
contents of the various manifestos and programmes so as to make mature
decisions. In the same vein, observance of the principles of enhancing
participatory democracy so that the undiluted choice of the people can
emerge, imposes on your government the task to revisit the residential
qualifications for candidates who wish to participate in National Assembly
election. In my view, the enthusiasm of the people should not trampled
under foot by having a National Assembly comprising persons who are elected
just because they were fortunate to be resident in a constituency while
other competent persons are deprived of the right to stand. The first
National Assembly of the Second Republic should comprise persons who are
competent to give remarkable examples in their defence of the provisions of
the constitution. Your government needs to acknowledge that local interest
are there too. The National Assembly is, however, a national institution.
The Gambia belongs to all of us and each may reside anywhere. Hence, each
should be able to stand as a candidate of any constituency as long as one
has a nationally recognised voter's card. It is, therefore, necessary for
the Elections Decrees to rectify this anomaly so that men and women who by
virtue of their work or marriage have been moving about the country can
stand wherever they are known and deem suitable to be elected as
representatives. This is a point to note.
Finally, the constitution states categorically in its preamble that +ACI-The
fundamental rights and freedoms enshrined in this constitution, will ensure
for all time respect for and observance of human rights and fundamental
freedoms for all, without distinction as to ethnic considerations, gender,
language or religion. In acknowledging our fundamental rights we also affirm
our duties and responsibilities as citizens of the country.+ACI-
This imposes on your government the duty to subject the detainees to normal
judicial procedure so that those who are suspected of committing chargeable
offences may be tried and those who are not charged released.
It is my conviction that if your government takes these measures immediately
after the glorious example set by the sovereign Gambian people your actions
would have amplified the letter and spirit of the constitution and thus
register your commitment to respect the verdict of the people. Gambians,
shall then be fully convinced that they have voted for the enlargement of
justice and liberty.
History is in deed in the making. Our minds should, therefore, be allowed to
speak to our hearts so as to temper our wishes and passions with a sense of
realism, human decency and admiration for justice. Then our actions will
give Gambians a noble place in the history of human kind. This requires us
to adhere to the fundamental principle that the concern of the people should
be at the centre of any activity of government. The hearts of the servants
of a people should always beat in unison with the hearts of the people.
Once we adhere to such principles we shall forever live in the hearts and
minds of the people. Principles are the northern star which guides the
traveller in the dark. Once we adhere to them we shall never grope in the
dark. We shall always be able to find our bearing regardless of the thick
forest and gullies. Gambians have taken two steps forward. Government should
take four steps forward to complement their efforts. Then we shall enter the
Second Republic as an invincible sovereign people with clear sense of
purpose and direction. The cause of justice and good governance would have
triumphed and the progress of the Gambia and the liberty of her people would
be irrevocable. (THE END).
I am willing to address any questions you may have on this summation.
Greetings.
Halifa Sallah.
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